Judge: No, parents can’t be forced to financially support their disobedient 18-year-old child

posted at 4:41 pm on March 5, 2014 by Allahpundit

C’mon. In the new America, you’re not really an adult until you’re 26. Maybe longer, depending on the next unilateral executive rule change.

This case had to end this way, didn’t it?

Rachel Canning, a senior at Morris Catholic High School, went to court to force her parents, Sean and Elizabeth Canning, to pay her child support, her private school tuition, medical and related bills, college expenses and legal fees. Canning is an honor student and athlete, but her parents have stopped paying her bills because, they say, she would not obey their rules…

Her parents countered that she voluntarily left home because she didn’t want to abide by house rules, such as being respectful, keeping a curfew, doing a few chores and ending a relationship with a boyfriend they said was a bad influence…

She said the Cannings treated their daughter in an “abnormal” way that made it “untenable” for her to stay in the house. For instance, Helfand said, Sean Canning would not allow Rachel to have a boyfriend while a senior in high school. Rachel Canning also claims her parents are abusive, contributed to an eating disorder she developed and pushed her to get a basketball scholarship…

The judge also cited certifications submitted by the Sean and Elizabeth Canning about their daughter’s alleged history of staying out and drinking during the week. Once, he said, she was driven home by her boyfriend’s parents at 3 a.m.

Rachel claims that her father was “inappropriately affectionate” with her, which, if true, makes her new financial predicament an egregious injustice and, if false, makes her the Bad Seed. (The verdict is already in online.) She’s stuck now with a $5,300 tuition bill for her first semester of senior year of high school. One odd wrinkle at first blush about this very odd case is that the outcome seems to turn heavily on perceptions of the girl’s behavior even though that’s seemingly not the issue. The issue, you might think, is purely whether a mother and father can be held responsible financially for a child who’s reached legal age. Watch the clip below and you’ll find the judge scolding her for being disrespectful to her parents, a reference to a witheringly profane voicemail message Rachel left for her mother awhile back. If she had been a perfect angel, ruthlessly booted from the house on her 18th birthday by her cheapskate parents, should the ruling have gone the other way?

Though Canning is 18 years old, New Jersey law does not consider a person to be emancipated unless that person has left “the scope of his or her parents’ authority,” according to [lawyer Stephanie Frangos] Hagan.

“A parent is not obligated to contribute to the support of an emancipated child,” said Hagan. “A child is emancipated when he or she is beyond the control of the parents. Is she truly beyond the scope of her parents’ authority, as a result of her own voluntary acts? That’s for the judge to decide.”…

“To be clear, my clients never abandoned nor abused their child and they have asked her to come home. They simply sought to exert their own parental judgment and reasonable household rules which she is not willing to accept,” [the parents’ attorney, Laurie] Rush-Masuret said in court Tuesday.

If the issue is as simple as “is she of legal age or isn’t she?” then all the behavioral stuff is beside the point. Mom and dad have an absolute right to cut her off when she’s 18, whether she deserves tough love or not. But apparently it’s not as simple as that; be an angel and remain within your parents’ “control” and they’re still on the hook to support you. There … must be an age limit to that idea (I hope), but in this case it’s immaterial. That’s why the judge cares so much whether she’s been disrespectful or disobedient. The more rebellious she is, the stronger the parents’ argument that she’s effectively emancipated herself and is on the hook for her own tuition going forward. Long story short: If you want to mooch off mom and dad, be nice.

Why do you bring race into it? Is she a more unsympathetic figure because she is white?

bluegill on March 5, 2014 at 5:32 PM

Umm yeah. There are tons of black parents who don’t get school choice. And yet, this twit had probably one of the best educations money could buy, and she is using the court system for her boo hoo pity party.

Or like the ones you had crushes on but who didn’t reciprocate, huh? A lot of you seem to be projecting a lot on to someone you don’t really know.

bluegill on March 5, 2014 at 5:36 PM

No one here has the time or desire to read your bullying chit chat posts. Michelle Malkin wouldn’t put up with your garbage if she was still in charge of this blog. Your constant petty whining really detracts from the quality and tenor of this blog overall. There was a time when petulant ankle biters like you just weren’t even in the Hotair ecosystem of commenters. This place has really gone downhill since your class of commenter was let in a few years ago. Frankly no one takes your types seriously anyways, those gray boxes filled with black type that you mashed into your keyboard should be passed over when you see the signature line.

Why don’t you get banned on twitter a few more times harassing the crap out of respectable people?

Maybe get your meds adjusted so that you can interact in civil society with other rational adults.

Frank(ly) I think youtube is more your commenting ecosystem.
Good Day Sir.

I thought public education was free. She should be able to go to the nearest public high school for her education. Obviously, the private school was chafing anyway.
jya lai on March 5, 2014 at 5:34 PM

Of course that’s an option. But when someone has already been going to the same school for three years, forcing them to leave and putting them somewhere new is going to potentially hurt their academic experience.

Perhaps these parents were left with no choice but to do that, but I doubt it.

I remain unconvinced that the daughter is deserving of all the public scorn that many people here think should be heaped upon her. Both sides might be just as guilty of negatively contributing to this situation.

The parents might be far from angels themselves, and they raised her. Screwing with your kid’s high school experience like that is a low blow, and I can understand why the girl would be furious**. Not paying for college is one thing, but leaving your child on the hook for high school tuition, after they’ve been at the same school since freshman year and after you’ve essentially committed to paying for it, is nasty. Don’t cause problems for your child at their school, especially when they are working hard as a student.

bluegill on March 5, 2014 at 4:57 PM

**Mercy child, did you fall down and bump your head?

My sainted granny would be rolling in her grave to know what some kids (and apparently some adults?) have become. I can’t fathom in my worst ever teenage years treating her with such disrespect. Not to mention, my daddy would have beat the livin’ hell out of me; deservedly so…

I can’t fathom in my worst ever teenage years treating her with such disrespect. Not to mention, my daddy would have beat the livin’ hell out of me; deservedly so…
fresh air on March 5, 2014 at 5:48 PM

No one has the right to “beat the living hell” out of anyone, simply because they were not treated with respect.

I read somewhere that the school was going to let her complete her final semester tuition-free. Can’t find the article, though. Seems like a good PR move, though I think the girl needs a lesson in humility and respect (not to mention personal/family finance).

Of course that’s an option. But when someone has already been going to the same school for three years, forcing them to leave and putting them somewhere new is going to potentially hurt their academic experience.

bluegill on March 5, 2014 at 5:46 PM

In that case, transfers for ALL military families with kids in school must be immediately halted, because, well we’ve been hurting all those millions of kids for decades by forcing them to change schools.

I changed schools (entirely different towns BTW) in 2nd grade, 4th grade, and 7th grade – so boo-hoo for me.
And I still got into a decent college – that my parents didn’t have to pay for.
It happens all the time to millions of kids.
BFD!

As for her private high school tuition, I think it is rather rotten for her parents to not pay that. Take away her car, her allowance, etc. but don’t leave her with debt to pay for high school.
bluegill on March 5, 2014 at 4:46 PM

Excuse me for reacting to the personal insults directed my way for simply expressing a different take. Some of you really don’t like to hear a different opinion. It is fine if you disagree with me. I simply think that we all don’t know what went on with this family, and things may not be so clear-cut. Maybe this girl is the monster you all say she is, but I don’t know that. You all want to pile on her and project onto her every negative attribute you can think of. Whatever, knock yourselves out.

Oh cry me a river. Poor, poor white girl problems..
melle1228 on March 5, 2014 at 5:28 PM
Why do you bring race into it? Is she a more unsympathetic figure because she is white?

bluegill on March 5, 2014 at 5:32 PM

Disagree. This story is exhibit A in the story of spoiled white chick entitlement.

A respectable ghetto biatch would at least have the decency to have children with a multiple fathers and simply collect welfare checks from Uncle Sam. Of course her parents are probably dead from a drug overdose or in prison, but who’s nitpicking..

I changed schools (entirely different towns BTW) in 2nd grade, 4th grade, and 7th grade – so boo-hoo for me.
And I still got into a decent college – that my parents didn’t have to pay for.
It happens all the time to millions of kids.
BFD!

dentarthurdent on March 5, 2014 at 5:51 PM

Let’s see …

Kindergarden
2nd grade
4th grade
6th gradeand for the piece de la resistance – late February of my senior year when my college of choice went from in-state tuition, scholarships and grants all settled to “Oops! out of state tuition, scholarships and grants lost – but stick with my selected school and it will now cost me the equivalent of $ 200,000 in 2014 dollars.

When I finished my degree in engineering I owed ZIP!

(I didn’t have the greatest GPA because working 20 hours a week for an engineering firm while going to school is going to have an effect – but I DID have the highest starting salary paid to anyone graduating in my engineerig class and it was a large university)

In 8 1/2 years of school, I had been in 17 different schools. Interesting note: I never sat in a class where “division” was being taught. Somewhere in all the moves, I missed it.

Had to teach myself how to gazinda.

BobMbx on March 5, 2014 at 5:59 PM

Yup – fairly typical for military kids.
My dad wasn’t even military – just a couple gubmint civil service transfers. So my experience was downright stable compared to military families.

We moved to a different house and different school system when my oldest son was in 5th grade. He did fine. But during that 5th grade year, the school announced they were hiring another 5th grade teacher to spread the load, and some kids would be moved to the new teacher. At the teacher/parent meeting about this, you shoulda heard some of the moms crying about how their poor little kid just couldn’t handle changing to a different teacher – waawaaawaaaa… and how do I know you’ll hire a good teacher unless I’m in on the interviews? and on and on….
After a couple of those, I got up and told the school staff – “You can move my kid to the new teacher. You’ve hired decent teachers up to this point, so I trust your judgement on hiring this new one without me being in the interviews. And my kid is strong enough to deal with it.” Coulda heard a pin drop for a minute or so before the principal thanked me.

One semester in a publicschool before heading off to college won’t kill this poor spoiled little girl.

Yup.
I have to admit, my college was entirely paid for, by the gubmint (DoD) and not by my parents.
I didn’t exactly “have a job” while in college – but I went to one of those, uh, military “trade schools” for my engineering degree. Had a lot of other responsibilities that don’t quite fit the definition of a paying job – and the payback was more time as active duty military.

The laws seem very different in New Jersey. Apparently just being 18 does not make you emancipated. However, I’m glad this judge at least told her to take a hike. This is the end product of the younger generation being told they are “owed a living” as a right. The libs and their self-indulgent psychobabble have a lot to answer.

I read somewhere that the school was going to let her complete her final semester tuition-free. Can’t find the article, though. Seems like a good PR move, though I think the girl needs a lesson in humility and respect (not to mention personal/family finance).

NY2SC on March 5, 2014 at 5:50 PM

Per other coverage Mom and Dad paid for high school through Dec 31,2013. Spring isn’t paid for. School won’t force her to pay and will let her continue for Spring term.

Glad the judge thought the idea of saying you weren’t emancipated at the same time you moved out was oxymoronic.

Curious that it is the father of the friend she moved in with that encouraged her to bring suit, fronted the costs and was suing the parents for court costs. Wonder exactly what his relationship with this attractive teen living in his house is. No mention has been made of the friend’s mother-whether she lives in the house or not.

Issue of college costs will likely center on her college fund, and will probably be determined by the type of fund and how it is titled. If the money has legally been transferred to the teen, or she has legal title to it as a trust beneficiary, she is probably entitled to that money (unless it’s a revocable trust). If the money is still in the parents’ name, she is probably not entitled to it. It is not likely that she will be able to force th parents to cover anything other than that which is in her college fund.

Curious that it is the father of the friend she moved in with that encouraged her to bring suit, fronted the costs and was suing the parents for court costs. Wonder exactly what his relationship with this attractive teen living in his house is. No mention has been made of the friend’s mother-whether she lives in the house or not.

I have to admit, my college was entirely paid for, by the gubmint (DoD) and not by my parents.
I didn’t exactly “have a job” while in college – but I went to one of those, uh, military “trade schools” for my engineering degree. Had a lot of other responsibilities that don’t quite fit the definition of a paying job – and the payback was more time as active duty military.

dentarthurdent on March 5, 2014 at 6:16 PM

.
Big difference was my employers weren’t going to call on me to put my life on the line. I have never begrudged anyone who traded military service for an education and appreciate those who have served (Thank you, d!) under those terms.

Why is the judge receiving praise? Are there new laws that parents should be made aware of? Specifically, how’d this even get to court? Why wasn’t it summarily dismissed? My parents told me, “18 = adult = you live under my roof soley at my discretion.” Is this no longer true? What, exactly, are kids entitled to after they turn 18? Should judges makes these rules from the bench or should there be, you know, actual laws changing the parent/adult offspring rules of engagement? Do parents no longer have the choice to not pay for a kids college education? Is that now mandatory? Why? And if judges can mandate that how long before they mandate food and shelter as necessities of life? And until what age? So, can I know longer threaten my 18 year old with stopping his college payments if he disrespects his mother? Does the future, in this completely insane America, portent parents having to justify to POS judges what, where, whey thy imposed rules on their out of control post 18 year olds? Will I be compelled to pay for his car insurance if I make too much money? Will some scumb-g judge ask for my w-2’s? Is this still the USA?

A long time ago, in the 1960’s a girl in college, moved in with her boyfriend, and dropped out of college. She successfully sued to get her parents to support this life style. I guess the worm has turned a bit. So, even if we can keep a “child” on the insurance until age 26, we don’t have to support them when they become so willful and so “out of control” that the child appears to self-emancipate. I like this judge.

I would say that children should abide by their parent’s rules while the children live in the parent’s house. It might be that circumstance in her case were so intolerable that leaving home was the only available option, but usually that meant the child wanted nothing more to do with the parents.

Going back and demanding that they support the child even though the child does not want to be under their authority looks to me like wanting to have her cake and eat it too. Obviously she realizes that finishing High School is going to be rather important, aside from the fact that without financial support from her parents she’s going to have to start working and mostly forget about college (for now).

I suppose that she understands that filing a law suit to force her parents to do something that, because she apparently separated herself from their authority, they were unwilling to do essentially (at least to me) burns some bridges for now.

The parents might be far from angels themselves, and they raised her. Screwing with your kid’s high school experience like that is a low blow, and I can understand why the girl would be furious. Not paying for college is one thing, but leaving your child on the hook for high school tuition, after they’ve been at the same school since freshman year and after you’ve essentially committed to paying for it, is nasty. Don’t cause problems for your child at their school, especially when they are working hard as a student.

bluegill on March 5, 2014 at 4:57 PM

When I was 18 my dad moved the family for his job, and I had to change not just Schools but CITIES.

What do you think I should get in the courts from him? $15,000? $25,000?

I mean clearly he didn’t think about me at all, and this was intolerable, right? It was a criminal act to have me move schools, much less cities, right?

Oh, this is a common occurrence and doesn’t indicate criminal neglect that should force a cash payout? But, it’s WORSE than this case… which you’re certain is the most horrible thing ever to happen to anyone.

Move school districts, pay your kids a ton of money?
Because making them change schools is torture…

Nope, not seeing it. Maybe try something actually bad, problematic, and not a common occurrence for many families as your reason her parents should fork over cash to let their daughter ignore them.

Well, since she can’t take orders at home…
I guess both McDonalds and the military are out too.

Marcola on March 5, 2014 at 5:49 PM

Exactly what the parents are trying to teach her. How to follow the rules, how to respond to authority.

It’s a parents job to produce an adult capable of getting a job, house, and car and live on their own. IOW parents have to work themselves out of a job.

My DD is 11 and she already knows that as soon as she is paying her own rent, utilities, clothing/food expenses, insurance etc. etc. etc. etc. she is free to make her own house rules which I will gladly follow when I visit.

She knows that mom and dad will not pay for her college education (since the stuff that you pay for and work for have more value).

She knows that she will not be on mommy and daddy’s car insurance/health insurance plans at the age of 26.

She knows that she will be going to work in a few years. And will learn that in the “real world” there are plenty of rules to follow and expectations to meet.

In the meantime, what we say goes. If she doesn’t like it, she is free to move out when she turns 18.

Bluegill’s poetry is so META!
(ENTER’s and strong and emphasis added.)

The parents might be far from angels themselves, and they raised her.
Screwing with your kid’s high school experience like that is a low blow,
and I can understand why the girl would be furious.
Not paying for college is one thing,
but leaving your child on the hook for high school tuition,
after they’ve been at the same school since freshman year
and after you’ve essentially committed to paying for it,
is nasty.

Don’t cause problems for your child at their school,
especially when they are working hard as a student.

Of course she can, but why rob her of her senior year experience
and potentially hurt her academics.
It is extremely disruptive to have to change schools like that
in the middle of high school.

Aren’t there other ways to punish her,
rather than messing with her high school obligations?Set a curfew, don’t buy her anything, take away privileges, etc.

I see. I haven’t read all the details.I just don’t think people shouldn’t automatically assume she is some kind of brat. We don’t know what all went on at the home
to cause her to want her to live somewhere else.
Apparently there were some accusations made against the father.
I know many will be quick to dismiss it, but none of us really know.
There are plenty of crappy, abusive parents out there.

Or like the ones you had crushes on but who didn’t reciprocate, huh?A lot of you seem to be projecting a lot on to someone you don’t really know.

Why do you bring race into it?
Is she a more unsympathetic figure because she is white?

Interesting how “white” is so casually used as a pejorative
when it suits some people.

Of course that’s an option.
But when someone has already been going to the same school for three years,
forcing them to leave and putting them somewhere new
is going to potentially hurt their academic experience.

Perhaps these parents were left with no choice but to do that,
but I doubt it.

I remain unconvinced that the daughter is deserving
of all the public scorn that many people here think should be heaped upon her.
Both sides might be just as guilty
of negatively contributing to this situation.

It’s called getting the comment on the current page.
I thought it would be obvious.

No one has the right to “beat the living hell” out of anyone,
simply because they were not treated with respect.

Excuse me for reacting to the personal insults
directed my way for simply expressing a different take.
Some of you really don’t like to hear a different opinion.
It is fine if you disagree with me. I simply think
that we all don’t know what went on with this family,
and things may not be so clear-cut. Maybe this girl
is the monster you all say she is, but I don’t know that.
You all want to pile on her and project onto her
every negative attribute you can think of.Whatever, knock yourselves out.

A. The little twit got what she deserved, a now national reputation for being a spoiled little brat, and for the icing on the cake, she gets the bill for her expected freebies. Suck it!

B. Could be the judge was backing far away from controversy in light of what’s going on today with many, many entitlement minded brats (read: occupy this and that street) and wanted to keep the tires of his car intact and the windows of his home unadulterated.

At age 18 you have the option to leave and your parent can do nothing about it. In return for that they should no longer be fiscally responsible for you in any way, shape or form if they choose not to be. That includes sucking the life out of their health care plan until you are 26. Join the world, enjoy your new responsibilities and bills all on your own. You couldn’t wait to turn 18 to have all this independence right? Now you get to learn that freedom really ISN’T free.

You brats want to drink at 18, but are held off until 21 ( not sure if that’s everywhere now or not), you can enlist at 17 actually, but head off to boot after you graduate, where you will certainly drink whether it’s allowed or not. You get to drive at 16 on your own in most places, and mom and dad often foot the bill for that too. You VOTE at 18, which should be moved off to at least 30 in my opinion, because just about everyone under 30 is a muttonhead that doesn’t pay attention anyway, you have no business having a hand in a future you don’t give a rats ass about.

These things among others should be on your mind as you turn your magical 18 years of age….like, where are you going to live now? (Who ya gonna sponge off of, brat) Little things like electricity and hot, clean water, and that food you gobble endlessly as well. Who’s going to cover that?

Mom and Dad? Nuh-uh sweetie. Why would they when you just wiped your feet on their foreheads. If I were your dad girl, I wouldn’t even TALK to your dumb ass until you did about 6 solid years of apologizing and making up for this nightmare, and I’d only begin to speak to you if you had used that 6 years or more to better yourself, pay your own bills, and make an effort to be something more than a damned dirty little ingrate sponge.

She should have sued for high school tuition alone. She has a decent case for that. I’m assuming the tuition contract was between her parents and the school. Used there’s an “if the parent’s stop paying the kids can be charged” clause, it’s not her financial obligation (even if she’s ultimately benefitting from it).

Suing your parents for child support and college tuition on top of that just sets you up to be vilified.

I know judges aren’t supposed to decide based on anything but the law; however, multiple studies have shown that’s not how it works. If you’re more likely to be granted parole of your hearing is after lunch (rather than before), I’d imagine you’re more likely to win financial assistance if you’re not using for future obligations no parent legally has to pay.

This young lady at 18 (legal age to enlist in military and vote) is an adult by law (not according to President Obama’s proclamation that children can remain on their parents insurance until 26).

Her voluntary departure from the home means she cut her own apron strings, therefore not entitled to the protection of her parents unless she surrenders her contrariety ways to re-enter the family circle.

The judge should treat her like a juvenile on the cusp of adulthood that has committed a crime (abandonment/runaway) and give her choices. 1. Join the military or 2. consider yourself on her own.

Parents are not obligated to pay for a college education that is an earned privilege granted by the parents to their children for their cooperation and contribution of a family unit.